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Exploring Work Visa Options in the US: Insights from a Montreal Immigration Lawyer

September 28, 2023 - by matthewsilverimm

As a foreign national, obtaining a work visa to pursue employment opportunities in the United States can open doors to a world of possibilities and advantages. Employers in the US often prioritize innovation and efficiency, fostering an environment conducive to personal and professional development. US work visas grant legal authorization to work within the country and offer myriad benefits that can impact your personal and professional life. It is an opportunity to acquire new competencies, adapt to different work environments, immerse yourself in a rich cultural experience and may even be a pathway to permanent residency. 

Below, we’ll delve into the options available to you so you can discuss them with your immigration lawyer in Montreal. 

US Work Visa Options

A work visa is typically required for foreign nationals to work in the United States. In most cases, an American employer must sponsor a foreign worker and apply for the work visa on their behalf. This involves demonstrating that no qualified US workers are available for the job and that you meet specific visa requirements. Having a work visa ensures that you and your employer comply with immigration laws – it also protects your rights. 

There are various types of work visas, each with specific eligibility criteria. Common categories include: 

  • H-1B Visa: For specialized workers with a bachelor’s degree or higher in science, technology, engineering and mathematics (STEM).
  • L-1 Visa: For intracompany transferees who work for a multinational company and are being transferred to a US office.
  • O Visa: For individuals with an extraordinary ability or achievement in their field of work.
  • TN Visa: For Canadian and Mexican citizens working in certain professional occupations under the North American Free Trade Agreement (NAFTA).
  • E-2 Visa: For investors who want to start or manage a business in America.
  • H-2B Visa: For temporary non-agricultural workers in seasonal or peak-load positions.
  • J-1 Visa: For exchange visitors participating in approved programs for internships, research and training. 
  • F-1 Optional Practical Training (OPT): Allows international students with F-1 visas to work in their field of study for a period after graduation.
  • M-1 Visa: For students pursuing vocational or non-academic programs in America.

Work visas are generally issued with a specific duration and sometimes lead to permanent residency options. An immigration lawyer in Montreal provides case-specific advice and guides you through the process. 

The Visa Application Process

A Montreal immigration lawyer improves your chances of obtaining a work visa. They will guide you through the following steps (which can vary from person to person): 

  1. Determine Your Eligibility: Before applying, you must determine if you meet the eligibility criteria for a specific work visa category.
  2. Find an Employer: In most cases, you need a job offer from a US employer willing to sponsor you. 
  3. Employer’s Petition: Your American employer files a petition with the USCIS. They must provide documentation to support your eligibility and the need for your employment.
  4. USCIS Approval: USCIS reviews the petition, and if approved, they issue a Notice of Approval (Form I-797). 
  5. Visa Application: Once your petition is approved, you can apply for a work visa at a US embassy or consulate in your home country. This typically involves submitting forms, supporting documents, and attending an interview.
  6. Visa Interview: You may be required to attend an interview at the US embassy or consulate to demonstrate your eligibility and intent to work.
  7. Visa Issuance: If your application is approved, you receive a visa stamp in your passport, allowing you to enter the US. 

Your Immigration Lawyer in Montreal

At Silver Immigration, our team of experienced US immigration lawyers will help you navigate the intricate process of applying for a US Work Visa. We tailor each case strategy to your situation to maximize your chances of success.

Call 1 (888) 799-4769 or schedule your free consultation to speak with an immigration lawyer today.